April 1, 2005 - Introduced by Senators Reynolds, Brown, S. Fitzgerald,
Grothman, Kanavas, Kedzie, Lazich and Leibham, cosponsored by
Representatives Owens, Albers, Ballweg, Bies, Gottlieb, Gunderson,
Gundrum, J. Fitzgerald, Freese, Hahn, Hines, Honadel, Kerkman, Kestell,
Kleefisch, Krawczyk, Kreibich, F. Lasee, LeMahieu, Loeffelholz, Lothian,
McCormick, Mursau, Nischke, Ott, Petrowski, Pridemore, Suder, Towns,
Vos, Vrakas, Wieckert, Wood and Ziegelbauer. Referred to Committee on
Health, Children, Families, Aging and Long Term Care.
SB155,1,4
1An Act to renumber and amend 111.337 (1); and
to create 111.337 (1) (b) and
2450.135 of the statutes;
relating to: employment discrimination based on
3creed and exemption from liability and discipline for pharmacists who refuse
4to dispense for abortions, assisted suicides, and euthanasia.
Analysis by the Legislative Reference Bureau
This bill provides that a pharmacist licensed by the Pharmacy Examining
Board (board) in the Department of Regulation and Licensing (DRL) may not be
required to dispense a prescribed drug or device if the pharmacist believes that the
drug or device would be used for causing an abortion. An "abortion" is defined as the
use of an instrument, medicine, drug, or other substance or device with the intent
to terminate the pregnancy of a woman known to be pregnant or for whom there is
reason to believe that she may be pregnant; additionally, there must be no intent to
increase the probability of a live birth, to preserve the life or health of the infant after
live birth, or to remove a dead fetus. Also under the bill, a licensed pharmacist may
not be required to dispense a drug or device if the pharmacist believes that the drug
or device would be used for causing the death of a person, if the pharmacist consults
with the practitioner who prescribed the drug or device.
The bill also provides that a pharmacist's refusal to dispense a prescribed drug
or device because he or she believes that the drug or device would be used for a
purpose described above may not be the basis for a claim for damages against the
pharmacist or the pharmacist's pharmacy. Also, such a refusal may not be the basis
for disciplinary action by the board or DRL against the pharmacist.
This bill expands the definition of employment discrimination based on creed.
Under current law, "creed" is defined as a system of religious beliefs, including moral
or ethical beliefs about right and wrong, that a person sincerely holds with the
strength of traditional religious views. Employment discrimination based on creed
is defined to include refusing to accommodate reasonably an employee's or
prospective employee's religious observances or practices unless the employer can
demonstrate that the accommodation would pose an undue hardship.
The bill also expands the definition of employment discrimination based on
creed to include discriminating against a pharmacist on the basis of his or her
refusal, based on creed, to dispense a prescribed drug or device that the pharmacist
believes would be used for causing an abortion or causing the death of a person.
Under the bill, discrimination includes refusing to hire a pharmacist, terminating
a pharmacist's employment, and discriminating against a pharmacist with respect
to promotions, compensation, or terms, conditions, or privileges of employment.
There is no exception for an employer to show that the pharmacist's refusal poses an
undue hardship.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB155, s. 1
1Section
1. 111.337 (1) of the statutes is renumbered 111.337 (1) (intro.) and
2amended to read:
SB155,2,43
111.337
(1) (intro.) Employment discrimination because of creed includes, but
4is not limited to,
refusing any of the following:
SB155,2,8
5(a) Refusing to reasonably accommodate an employee's or prospective
6employee's religious observance or practice unless the employer can demonstrate
7that the accommodation would pose an undue hardship on the employer's program,
8enterprise
, or business.
SB155, s. 2
9Section
2. 111.337 (1) (b) of the statutes is created to read:
SB155,2,1310
111.337
(1) (b) Discriminating against any pharmacist licensed under ch. 450
11by engaging in any of the actions prohibited under s. 111.322 on the basis of the
12pharmacist's refusal to dispense a prescribed drug or device because the pharmacist
13believes that the drug or device would be used for the purpose of any of the following:
SB155,3,1
11. Causing an abortion, as defined in s. 253.10 (2) (a).
SB155,3,42
2. Causing the death of any person, if the pharmacist consults with the
3practitioner who prescribed the drug or device before the pharmacist makes the
4refusal.
SB155, s. 3
5Section
3. 450.135 of the statutes is created to read:
SB155,3,8
6450.135 Pharmacist's refusal to dispense for abortions, assisted
7suicides, and euthanasia. (1) In this section, "abortion" has the meaning given
8in s. 253.10 (2) (a).
SB155,3,11
9(2) No pharmacist may be required to dispense a prescribed drug or device if
10the pharmacist believes that the drug or device would be used for the purpose of any
11of the following:
SB155,3,1212
(a) Causing an abortion.
SB155,3,1513
(b) Causing the death of any person, if the pharmacist consults with the
14practitioner who prescribed the drug or device before the pharmacist makes the
15refusal.
SB155,3,18
16(3) A pharmacist's refusal to dispense a prescribed drug or device because he
17or she believes that the drug or device would be used for a purpose described in sub.
18(2) (a) or (b) may not be the basis for any of the following:
SB155,3,2019
(a) A claim for damages against the pharmacist or the pharmacy of the
20pharmacist.
SB155,3,2121
(b) Disciplinary action by the board or department against the pharmacist.
SB155,3,2323
(1)
This act first applies to refusals made on the effective date of this subsection.
